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HomeMy WebLinkAbout20063391 RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0600106 AGAINST KENNETH KREAGER AND MARGARET MANN FOR VIOLATION OF THE WELD COUNTY CODE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Kenneth Kreager and Margaret Mann, VI #0600106, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 12th day of December, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Kenneth Kreager and Margaret Mann were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Kenneth Kreager and Margaret Mann to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. 2006-3391 PL0824 VIOLATIONS -VI #0600106 - KENNETH KREAGER AND MARGARET MANN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of December, A.D., 2006. BOARD OF COUNTY COMMISSIONERS WELD COUNTY LORADO ATTEST: LIMO 5kei 27!/ eile, Chair Weld County Clerk to the B LLS-�-},?st ir t2 Tat vid E. Long, Pro-Tem BY: De y Clerk the oard Willi H. Jerke �, n APP D AS TO FO Robert D. Masden malt A t mey EXCUSED Glenn Vaad Date of signature: �q I0-7 2006-3391 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Kenneth L Kreager and Margaret E Mann Violation: VI-0600106 Permit Number: BCS-030562 Address: 5259 County Road 34, Platteville CO 80651 Legal: Part of the S2 of Section 12, T3N, R68W, Tract B, Recorded Exemption 1289, Weld County, Colorado Location: Approximately%mile north of County Road 34, 1 % miles east of 1-25 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 1207-12-3-00-085 Acres: 2.0 Certified mail date: November 1, 2006 Received: November 6, 2006 Currently the property is in violation of: Chapter 29, Article VIII, Section 29-8-40 REMEDY To bring the property into compliance, all inspections shall be completed and a final approval issued on the permit for a remodel. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as this was originally a 1997 permit, the property changed ownership, and a new permit was obtained in 2003. No inspections have been completed since March, 2006, and numerous inspections remain to be completed. CASE HISTORY October 13, 2004 10-day letter to schedule inspections. February 23, 2006 10-day letter issued. March 9, 2006 30-day violation letter issued. August 25, 2006 Letter to remind permit will expire on September 26, 2006. September 27, 2006 30-day violation letter issued. November 1, 2006 Certified letter indicating the violation case is scheduled before the Board of County Commissioners. 2006-3391 DEPARTML,.T OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 pgregory@co.weld.co.us I Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 O SOUTHWEST OFFICE COLORADO 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 November 1, 2006 KENNETH L KREAGER 5259 CR 34 PLATTEVILLE CO 80651 Subject: VI-0600106, Part of the S2 of Section 12, T3N, R68W, of the 6`h P.M., Weld County, Colorado Dear Mr. Kreager: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on December 12, 2006, at 10:00 a.m., to consider the violations. The property is in violation of the following Section(s) of the Weld County Code: Section 29-8-40 "Expiration of Permit" To bring your property into compliance: All inspections shall be completed and the permit for a remodel of your home shall have final approval. This meeting will take place at the Weld County Planning Department Office, 918 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation,the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address.(7171y, 197/ • Peggy Gregory " Building Compliance Officer pc: Vl-0600106 BCS-030562 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal Service,, R. CERTIFIED MAIL,rj RECEIPT -n (Domestic Mail Only;No Insurance Coverage Provided) r F•r•elivery inl•rmati•n visit •ur we•site at wwwus•sc•m.. OFFICIAL USE Postage $ eR o Certified Fee O Postmark k O RI MUM Receipt Fee Here (Endorsement Required) Restricted Delivery Fee 'n (Endorsement Required) a Total Postage 8 Fees $V LEI o ant o o Kenneth L Kreaaer N Ulmer,Apt Arc.; er PO sex Na 5259 CR 34 D" fe Z4 Platteville CO 80651 PS Form 3800.June 2002 See neverse for Instruct lens SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. r� ❑Agent • Print your name and address on the reverse XI r anti VL.t fl]aC1n I n see so that we can return the card to you. B. Received by(Printed Name) C. Detect Delivery • Attach this card to the back of the mailpiece, I I I O� or on the front if space permits. (/ D. Is delivery address different from item 1? I1J Y$a 1. Article Addressed to: RYES er dative atldress below: O No Weld County :iarmng frepar[mert� .KENNETI-17'RREAGER GREE .EY OFFICE 5259 CR 34 ti 1) C Z00F PLATTEVILLE CO 80651 MU) EyI�y1� k 11MU)i1 O Express Mail O Registered O Return Receipt for Merchandise ❑Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. ArtI (ns PS Fo 102595-02-M-1540 6 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgreoory(aco.weld.co.us C. Phone: (970) 353-6100, Ext. 3568 Fax: (9(970) 3 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5, Longmont, CO 80504 Phone: (720)652-4210, Ext. 8730 Fax: (720)652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE September 27, 2006 KENNETH L KREAGER 5259 CR 34 PLATTEVILLE CO 80651 Subject: VI-0600106, Part of the S2 of Section 12, T3N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. Kreager: It has been determined that the property located at 5259 County Road 34 is currently in violation of the following Section of the Weld County Code: Section 29-8-40 of the Weld County Code states that building permits shall expire after 180 days of inactivity. To bring your property into compliance with the Weld County Code: All inspections shall be completed and the permit for a remodel of your home shall have final approval. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty)days from September 27, 2006, to correct this violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sin erely, Peggy Gregory Building Compliance Officer pc: BCS-030562 VI-0600106 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street 'De, Greeley, CO 80631 WI pgregory@coeld.co.us Phone: (970) 353-6100, Ext. 3568 pgregory@coweld.co.us (970) 304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 • Fax: (720)652-4211 August 25, 2006 KENNETH L KREAGER 5259 CR 34 PLATTEVILLE CO 80651 Subject: Permit# BCS-030562 —Part of the S2 of Section 12, T3N, R68W of the 61h P.M., Weld County, Colorado Dear Mr. Kreager: It has come to the attention of the Department of Building Inspection that a permit for a remodel of your home at 5259 County Road 34 was issued on December 1, 2003. According to our records, this permit will expire on September 26, 2006, and all of the required inspections have not been completed. Section 29-8-40 of the Weld County Code states that: A. Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become null and void if the building or work authorized by such permit does not commence within one hundred eighty(180)days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty(180)days. Before such work can be recommenced, a new permit shall be first obtained to do so,and the fee therefore shall be one-half(1/2)the amount required for a new permit for such work; provided that no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded five (5) years. Failure to schedule inspections by the expiration date will result in further violation action and is subject to go before the Board of County Commissioners with written notice. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. SiG ncerely, Peggy Gregory Building Compliance pc: BCS-030562 VI-0600106 SERVICE,TEAMWORK,INTEGRITY,QUALITY Kit6 DEPARTMENT OF PLANNING SERVICES Building Compliance Division F NORTH OFFICE 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgrepory( co.weld.co.us Phone: (970) 353-6100, Ext. 3568 O Fax: (970) 304-6498 • COLORADO 4209 CR 24.5S Longmont,CO 80504 Phone: (720)652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE March 9, 2006 KENNETH L KREAGER 5259 CR 34 PLATTEVILLE CO 80651 Subject: VI-0600106, Part of the S2 of Section 12, T3N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. Kreager: It has been determined that the property located at 5259 County Road 34 is currently in violation of the following Section of the Weld County Code: Section 29-8-40 of the Weld County Code states that building permits shall expire after 180 days of inactivity. To bring your property into compliance with the Weld County Code: All inspections shall be completed and the permit for a remodel of your home shall have final approval. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,we have no discretion in this matter if you fail to correct this violation. You have 30(thirty)days from March 9, 2006, to correct this violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. E7y, PeggY �re9ory Building Compliance Officer pc: BCS-030562 VI-0600106 a DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE ll 918 10th Street CO 80631 pgregor eld.co.us Phone: (970) 3 Wi 0 53-6100, Ext. 3568 C. Greeley, Fax: (970)304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 February 23, 2006 KENNETH L KREAGER 5259 CR 34 PLATTEVILLE CO 80651 Subject: Permit# BCS-030562— Part of the S2 of Section 12, T3N, R68W of the 6'h P.M., Weld County, Colorado Dear Mr. Kreager: It has come to the attention of the Department of Building Inspection that a permit for a remodel of your home at 5259 County Road 34 was issued on December 1, 2003. According to our records, this permit will expire on February 26, 2006, and all of the required inspections have not been completed. Section 29-8-40 of the Weld County Code states that: A. Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become null and void if the building or work authorized by such permit does not commence within one hundred eighty(180)days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty(180)days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half(1/2)the amount required for a new permit for such work; provided that no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded five (5) years. Failure to schedule inspections within 10 days from the date of this letter will result in a violation notice. Once a violation is issued, it will remain open until the permit is completed and is subject to go before the Board of County Commissioners with written notice. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, Gwy Art Peggy Gregory Building Compliance pc: BCS-030562 SERVICE,TEAMWORK.INTEGRITY,QUALITY rict DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US liD E-mail Address: pgregory@co.weld.co.us Wl C 918 10th Street,353-6100, Ext. 3568 Greeley, CO 80631 Phone: (970)Fax: (970)304-6498 COLORADO October 13, 2004 Kenneth L Kreager 5259 CR 34 Platteville CO 80651 Subject: Permit# BCS-030562- Part of the S2 of Section 12, T3N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. Kreager: It has come to the attention of the Department of Building Inspection that a permit for a remodel of your home at 5259 County Road 34 was issued on December 1,2003. According to our records,all required inspections have not been completed. Failure to schedule inspections within 10 days from the date of this letter will result in a violation notice. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, Peggy Gregory Building Compliance pc: BCS-030562 SERVICE,TEAMWORK,INTEGRITY,QUALITY Recorded at - - o'clock_M., Reception No. Recorder. 493 -- - - QUIT CLAIM DEED BRUCE GILLMORE and CHRISTINE GILI240RE and KENNETH L. KREAGER and MARGARET B. MANN County of WELD ,and State of • COLORADO ,for the consideration of 'CONSIDERATION UNDER FIVE HUNDRED _—a-___ 'Dollars,in hand paid, . hereby sell(s)and quit claim(s)to KENNETH L KRFAGER and MARGARET E. MANN whose address is 5259 COUNTY ROAD 34 PLATTEVILLE, CO 80651 ' County of wan ,and State of COLORADO ,the following real property,in the County of WELD ,and State of Colorado,to wit: TRACT B, RECORDED EXEMPTION NO. 1207-12-3-1289, IN THE WEST HALF OF SECTION 12, TOWNSHIP 3N, RANGE 68 WEST OF THE 6TH P.M.. COUNTY OF WELD, STATE OF COLORADO. • 1111111111111111111111E1111111111MIRIIIIIIII 3040493 03/10/2003 01:39P Weld County,CD 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk&Recorder also known as street and number • with all its appurtenances D/Q v Z7E[DIE'YH Signed this day of Me , .__BRUCE __._.._ L.LKILEAG/ --- ---- —L141ILnnl} £ 1fu111 L GILLMORE - -- MARGARET E. MANN STATE OF COLORADO, I ea. County of (0.1j The foregoing ins ment was acknowledged before me in the County of w CQ ru ,State of COLORADO ,this Co " day of 'MCJ, 2.Cu 3 •,by BRUCE GILLMORE AND CHRISTINE GILLMORE AND KENNETH L. KREAGER AND MARGARET E. MANN My commission expires 273 UQ� WITNESS my hand end official seal. kw /i KELLEY `p�p����y w7 Public U a IABB�ER ACIHI STATETRY P�UBBLIICDO .lddn„ STATE OF CO No.895.Rev.1$1. QUIT CLAIM DEED(Shall ten.) Bmdfoid Publishing,W25 W.Se An.,lthewmf.CO M2M-1103)]J}Mpp 144 Cr I L -i ti if 1f I_ m 3 � :, t i kiIII �� i E'S hi, 3 lA LL ( VJ �jjE is 43 s {i {$J( �i . 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